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CYBERCRIME PREVENTION ACT OF 2012 SECTION 4

Ramones, Mary Anthonette V.

Roca, Cyrish Juliane O.

12 – Immaculate Conception

Mr. Joevilzon Calderon

October 4, 2019
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ABSTRACT

Cybercrime is the diverse illegal activities carried out by

means of computers or the internet. It is important to examine

all facets of this decree, but one must recognize that these

offenses affect ordinary individuals and even the government. The

purpose of this paper is to discuss the Cybercrime Prevention Act

of 2012 Chapter II Section 4. It gives detailed information and

examines the diverse cybercrime offenses punishable under the

Republic Act No. 10175 in the country. Violations such as

offenses against the confidentiality, integrity and availability

of computer data and systems, computer-related offenses and

content-related offenses. It aims to educate and inform the

Filipino citizens about the various illegal offenses.

Furthermore, this paper’s target is to eventually mold the

readers to be media and information literates.

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INTRODUCTION

Technology plays a major role in making tasks simpler and

hassle-free to execute, as well as solving numerous mankind

problems. However, with the rise of technology, crime still finds

its way in through the complexity of media and computers.

According to the Philippine National Police Anti-Cybercrime Group

(PNP-ACG), the quantity of cybercrime cases in the country

expanded by nearly 80 percent last 2017. Data from the ACG

indicates that 4,103 cybercrimes were recorded in 2018, higher by

79.64 percent when compared to 2017 where 2,284 cases were

reported. As stated by Agustin (2018), a PNP-ACG PBGen. Director,

a suspect was arrested for allegedly threatening, physically

abusing, and raping an 18-year-old victim in exchange for not

uploading her nude photographs and inappropriate videos. With

these rapidly growing rates and alarming circumstances, tackling

the Cybercrime Prevention Act of 2012 Chapter II Section 4 is

essential to every Filipinos. This paper will serve as a guide

for the readers to be aware of the punishable offenses and their

rights to consequently reduce cybercrime in the Philippines. It

will significantly affect the citizens to be knowledgeable of the

law. Most importantly, to eventually create a cybercrime-free

country.
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OFFENSES AGAINST THE CONFIDENTIALITY, INTEGRITY AND AVAILABILITY

OF COMPUTER DATA AND SYSTEMS

These offenses are mainly focused on computer data and

systems related violations. There is a total of six (6) sections

under these offenses including: illegal access, illegal

interception, data interference, system interference, misuse of

devices and cyber-squatting. (1) Illegal access is the access to

any part or the entire computer system without right. (2) Illegal

interception is the interference made by technical means without

right of any non-public transmission of computer data to, from,

or within a computer system. (3) Data interference is the

intentional alteration of computer data without authority. (4)

System interference is the audacious hindering or interference

with the functioning of a computer or computer network by

altering computer data without right. (5) Misuse of devices is

the use and/or possession of a device or a computer password

without authority. (6) Cyber-squatting is the gain of a domain

name over the internet in deceit to profit, mislead, destroy

reputation, and deprive others from registering the same, if such

a domain name is similar to an existing trademark, identical with

the name of a person, and obtained without right.

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COMPUTER-RELATED OFFENSES

These violations are fundamentally centered around computer-

related offenses. There is a total of three (3) sections under

these offenses including: computer-related forgery, computer-

related fraud and computer-related identity theft. (1) Computer-

related forgery is the input, alteration, or deletion of any

computer data without right resulting in inauthentic data and

intentionally using computer data to sustain a deceptive design.

Fake currency notes and forged certificates by a computer fall

into this section. (2) Computer-related fraud is the unauthorized

info, change, or expunction of computer data or program or

interference in the functioning of a computer system, causing

harm with deceitful intent. Fabricated websites or computers fall

into this category. (3) Computer-related identity theft is the

intentional gain, use, misuse, transfer, possession, alteration

or deletion of identifying information belonging to others,

whether natural or juridical, without right. Forging a fake ID

and possessing other’s identification fall into this sector.

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CONTENT-RELATED OFFENSES

These infractions are primarily engaged on content-related

offenses. There is a total of four (4) sections under these

offenses including: cybersex, child pornography, unsolicited

commercial communications and libel. (1) Cybercrime is the

willful engagement, support, control, or activity (direct or

indirect) of any prurient show of sexual organs or sexual

movement, with the use of a computer system, for favor or

consideration. (2) Child pornography is the unlawful or precluded

acts characterized and deserving of Republic Act No. 9775 or the

Anti-Child Pornography Act of 2009, executed through a computer

system: Provided, punishment to be forced will be one degree

higher than that accommodated in Republic Act No. 9775. (3)

Unsolicited Commercial Communications is the transmission of

business electronic correspondence with the utilization of

computer system which look to promote, sell, or offer available

to be purchased items denied except if: there is prior

affirmative consent, the commercial electronic communication

contains a valid way to reject and does not intentionally

disguise the source of the electronic communication and does not

purposely include misleading information.

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RESULTS

The researchers believe that being knowledgeable about the

law equals to a convenient and advantageous lifestyle. No matter

who you are, or where you live, you are subject to laws. Simply

put, there is no exemption in being involved with the mentioned

cybercrime offenses. Knowing the law is essential as it enables

the citizen to be secured against hoax and oppression. By

constructing this study, the researchers’ views and beliefs about

the issue was strengthened. From the gathered data, it proved

that most of these crimes are spreading like a disease. The

reasons are either the suspects and/or the victims being unaware

of their rights and the law. Some might not even realize they’re

committing punishable acts under the Cybercrime Prevention Act of

2012. Just by using a computer system without permission is

considered to be a criminal offense with charged legal penalty.

Therefore, knowing the law, especially the Republic Act No.

10175, is a necessity.
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DISCUSSION

In conclusion, this paper has proved that cybercrime is a

broad term that depicts offenses. Violations from intentional

transmission of viruses to something as worse as cybersex. To sum

it all up, there are 13 punishable cybercrime offenses under the

Republic Act no. 10175 in total. While there are plenty of

reasons in the commitment of such heinous crimes, what stands out

most is the ignorance of law. Knowledge about the country’s law

and your own rights are both an advantage and obligation. They

serve as a shield against all unlawful threats and/or attackers.

In addition, the country is victimized by the mentioned

cybercrime offenses because of the low cybersecurity in the

Philippines. Thus, on our part as netizens, we should be

responsible social media users. Being a media and information

literate is an advantage. Literally one wrong click could lead

you to paying millions of pesos of fines or end up locked up in

jail. Are you aware of these cybercrime offenses? And if so, do

you consider yourself a media and information literate?

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BIBLIOGRAPHY

Cybercrime Prevention Act, CP 2012, c 2. Retrieved from

https://www.officialgazette.gov.ph

Cybercrime Prevention Act, CP 2012, c 2. Retrieved from

https://www.lawphil.net

Tupas, E. (2019, March 29). Cybercrimes up by 80% in 2018.

Retrieved from https://www.philstar.com

Agustin, D. (2018, February 24). PNP ACG NABS SUSPECT FOR ONLINE

THREAT, ABUSE, RAPE. Retrieved from https://acg.pnp.gov.ph